According to Adam Dodek, Dean of the University of Ottawa Faculty of Law (Common Law Section) and author of the foreword to this new publication, “Government Lawyering responds to a significant void in the literature about lawyers and government in Canada. [In stepping into that void, Elizabeth Sanderson] has produced a comprehensive, reflective, provocative and important book that will be of great interest to lawyers, academics, students, journalists and many informed Canadians.”

Extensive coverage and analysis Government lawyers carry out distinct responsibilities on behalf of the historic office of the Chief Law Officer of the Crown, Ministers of Justice and Attorneys General. They carry a broader public law mandate focused on the interests of the Crown, which presents different ethical and professional responsibilities than that of a private practice lawyer acting on behalf of an individual.

Government Lawyering: Duties and Ethical Challenges of Government Lawyers is a definitive guide that delves into the ethical and legal practice issues that arise in connection with lawyering for the Crown, and in so doing, establishes the standard for government lawyering. The book begins by focusing on the range of duties imposed on government lawyers, including the typical professional and common law duties shared with lawyers in private practice, as well as the additional public law and public service duties unique to government lawyers. These additional public law duties prompt a number of ethical challenges which are explored through an examination of the principle of independence, the practical implications of being “guardian of the rule of law and public interest” and the dilemma of determining who is the client. The text also offers concrete examples of how the exercise of shared professional and public law and public service duties when representing a unique client leads to concrete distinctions in legal practice.

Useful contentThis indispensable resource for new and seasoned government lawyers features:

The practical and insightful guidance of author Elizabeth Sanderson who has more than three decades of government lawyering experience

An analysis of the differences between public and private lawyers in the context of professional and ethical responsibilities, including the public law and public service duties

A chapter dedicated to the key ethical challenges government lawyers face

An explanation of the balance of public interests -- and the unique ethical duties of government lawyers – in the context of Canada, First Peoples and reconciliation

A practical sample “Code” for government lawyering and guidance on giving the best legal advice possible

Must-have referenceGovernment Lawyering: Duties and Ethical Challenges of Government Lawyers will be a particularly useful acquisition for:

Government lawyers who want to better understand their practice, role and ethical duties as government lawyers

Law libraries and law associations that want to provide a valuable reference for their patrons

Auteurs à la une

Elizabeth Sanderson

Elizabeth Sanderson

Elizabeth Sanderson, LL.B., earned her law degree at the University of Ottawa in 1979 and spent more than three decades in public service, mostly with Justice Canada. She started there as an articling student and rose through the ranks to become the department’s Assistant Deputy Attorney General (ADAG) as “ADAG-Aboriginal Affairs Portfolio” between 2005 and 2010. She also served as Counsel to the Department of External Affairs (now Global Affairs Canada); Counsel and then Senior Counsel in the Human Rights Law Section – Public Law Sector; Senior Counsel/Legal Coordinator – Canadian Unity Group; Senior Counsel, Legal Services Unit – Human Resources Development Canada; Chair, Steering Committee and Justice Employment Equity Champion; Senior General Counsel, Public Law Policy Section, Policy Sector; and Co-Chair of the Department of Justice Senior Committee on Information Technology.
From 2010 to 2014, Professor Sanderson served as the Justice Public Servant-in-Residence at the University of Ottawa’s Faculty of Law, Common Law Section. In 2014, she left the Faculty to accept the position of Deputy Minister of Justice for Nunavut, a post she held until 2016. She has returned to the Faculty of Law at the University of Ottawa and for 2018-19 will serve as the Faculty’s inaugural Public Service Mentor-in-Residence.

Part 1: Government lawyers’ layers of duties1.1 Shared professional and common law duties1.2 Public law duties of government lawyers 1.3 Public service duties of government lawyers

Part 2: Key ethical challenges for government lawyers2.1 Understanding principles of independence in government lawyers2.2 Meaning of the “guardian of the rule of law and public interest”2.3 The old chestnut: “Who is the client?”

Part 3: Legal practice of government lawyers: Focus on similarities and differences3.1 Duty of candour3.2 Duty of loyalty and avoiding conflicts of interest3.3 Taking instructions3.4 Duty of confidentiality, privilege and the transparency debate3.5 Making public statements and dealing with the media and the public3.6 Legal risk management (LRM) 3.7 Withdrawal from client representation

Part 4: Canada, First Peoples and reconciliation: An illustration of balancing public interests involved in government lawyering4.1 Reconciliation: Relationships, process or reconciled end-state?4.2 Section 35 or beyond?4.3 Associated concepts4.4 Addressing Indigenous claims: Public interest choices and reconciliation challenges4.5 Financial impact on government policy choices 4.6 Does honour of the Crown engage government lawyers?4.7 Costs of indifference – impact of not resolving claims 4.8 Key elements of advancing broad reconciliation?4.9 Respect

Part 5: Leadership of Deputy Minister of Justice and Deputy Attorney General5.1 Multiple accountabilities of all deputy ministers5.2 Public service neutrality and human resources management5.3 Deputy ministers’ advice to ministers5.4 Statutory mandate of the Deputy Minister of Justice and Deputy Attorney General5.5 Practical implications5.6 When influencing the decision-maker fails: Resign or fired5.7 The ethics of the person in the job

Part 6: Concluding thoughts – guidance on government lawyering6.1 Sample “Code” of government lawyering6.2 Advice on giving the best legal advice possible